Legal status of the head of public service in the state body as a subject of public service legal relations

Author(s):  
O. Stets

The article is devoted to the study of the essential features of the head of the public service in a state body as a subject of public service legal relations. It is found that depending on the nature of the powers that determine the role and degree of participation of public servants in the exercise of public power functions, there will be a different range of rights and responsibilities of managers, specialists, executors. Given the great diversity of public servants, the scope of their powers affects the content of the legal status of a public servant, but not the fact of his belonging to the public service. It is established that the head of the public service in a state body has: a) the general status of a citizen of Ukraine; b) sectoral status within the framework of official law – the status of a public servant; c) a special status within the framework of official law, which is mediated by the nature of the powers granted – the status of the head of the public service in a state body. The substantive features which characterize a public servant who has acquired a special legal status of the head of the public service in a state body are singled out: 1) he is assigned to public servants; 2) he holds the highest position of public service in a state body; 3) he is obliged to perform a special type of duties that are an element of authority: a) in matters of public service and b) organization of work of other employees in this body. Attention is paid to the fact that each head of the public service in a state body is an official authorized to perform organizational and administrative functions, but not every official is the head of the public service in a state body. A possible algorithm for finding a higher position in a state body is identified: a) if there are positions in a state body that fall into different categories, the highest position in a state body will be held by the public servant who replaces a category “A” or “B” (in the absence of positions classified in category “A”); b) if there are positions in a state body that are assigned to one category, the highest position will be held by the public servant whose position is assigned to the highest subcategory.

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.


Communicology ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 74-88
Author(s):  
D.A. Kemenev

The article investigates the imageological aspect of mentor’s communicative competence in public service and reveals the communicative functions of mentor’s image in relation to the mentees. The author determines the communicative skills necessary for the mentor in all processes and stages of this personnel technology. Based on the analysis of scientific publications, the author discloses and justifies the role models of mentor’s behavior in relation to the mentees from the perspective of the mentor’s image, authority, and communicative competence. The author has conducted an expert survey among public servants, which allowed identify the main professional, business, moral, psychological, and integral qualities that are the most effectively developed by the public servant in the process of performing mentor’s functions. As a result, the author suggests a structural-logical model of the communicative competence of a mentor in the public service in the process of perceiving its communicative knowledge, skills, and competencies for achieving the effectiveness of mentoring.


Public Voices ◽  
2016 ◽  
Vol 12 (1) ◽  
pp. 67 ◽  
Author(s):  
Sharon Mastracci

In this paper, the author examines public service as depicted in the television series Buffy the Vampire Slayer (BtVS). First, she shows how slaying meets the economist’s definition of a public good, using the BtVS episode “Flooded” (6.04). Second, she discusses public service motivation (PSM) to determine whether or not Buffy, a public servant, operates from a public service ethic. Relying on established measures and evidence from shooting scripts and episode transcripts, the author concludes Buffy is a public servant motivated by a public service ethic. In this way, BtVS informs scholarship on public service by broadening the concept of PSM beyond the public sector; prompting one to wonder whether it is located in a sector, an occupation, or in the individual. These conclusions allow the author to situate Buffy alongside other idealized public servants in American popular culture.


2019 ◽  
pp. 124-130
Author(s):  
Yu.V. Slabunova ◽  
N.M. Shcherbak

The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public service. This became the lever that started the process of reforming the government system in the country and determined the correct vector for the development of public service in Ukraine. Legislative improvement of the judicial system and the status of judges of courts of general jurisdiction in the context of public service reform in Ukraine is one of the prerequisites for the further development of our country as a rule of law and democracy. In particular, public service reform in Ukraine should be aimed at creating a fundamentally new system of judiciary. Unfortunately, as of today, the domestic legislation has not undergone significant changes and additions regarding the introduction of the Public Service Institute. Particular attention is paid to the concept of “public service”, which is the defining legal definition for the study. Based on the analysis of the opinions of scientists, scientists form a list of the main features of public service. The nature and content of the activity of judges of courts of general jurisdiction is determined by the totality of the relevant legal elements that are part of the structure of their legal status. These include the judge’s legal personality, his rights and obligations, functions, principles, legal liability, and safeguards. The list of features of activity of judges of courts of general jurisdiction as public servants is determined. It is concluded that the status of judges of the courts of general jurisdiction is to be legally enshrined as a fundamentally separate and distinct type of public service. Keywords: public official, public service, judges of courts of general jurisdiction, judicial authorities, legal status.


2019 ◽  
Vol 7 (11) ◽  
pp. 5-14
Author(s):  
С. М. Серьогін ◽  
Н. Г. Сорокіна ◽  
О. М. Шеломовська

The article is devoted to the study of the motivation of the civil servants and local government officials’work. The concept of the motivation was revealed. The elements of moral and psychological methods ofthe motivation were analyzed. The importance of material and immaterial stimulation in public service wasexplained. The main motives and peculiarities of stimulation of a public servant in the modern conditionsof public service development in Ukraine were studied on the basis of empirical data. In particular, ithas been found out that the main motive for joining the public service is a stable salary and the desire ofpublic servants to work for the benefit of the state and society. So, mercantile aspirations in financial termsdominate - stable payment for work, as well as patriotic, valuable, moral and ethical desire to work forthe benefit of the state are in the minds of the citizens. The results of the study show that the prestige ofpublic service remains quite low. The main problems which negatively influence the image of the publicservice and make it unattractive to the public are high staff turnover, incomplete implementation of socialguarantees, poor financial support, and partial satisfaction of the basic needs of public servants, whichreduce the effectiveness of public administration in Ukraine.It is determined that the main way to increase the efficiency of public servants and in general publicadministration is to develop effective methods of the motivation and the stimulation, both economic andnon-economic. It was proven, that effective motivation in the public service depends to a large extent notonly on its filling of highly qualified personnel and efficiency, but also on trust and respect of the population.


2019 ◽  
Vol 10 (4) ◽  
pp. 985
Author(s):  
Tetiana KOLOMOIETS ◽  
Yevhen KURINNYI ◽  
Serhii KUSHNIR ◽  
Petro DIKHTIIEVSKYI ◽  
Petro DIKHTIIEVSKYI ◽  
...  

The search of effective ways of preventing corruption in all its manifestations in the public service should be directly related to the in-depth study and formation of common standards of legal regulation of "involvement" of close persons of public servants in his professional activity, the special nature of personal relations which creates preconditions for possible use (as well as his or her relatives) of public service for his private interests. The purpose of the work is to highlight the problematic aspects of the legal regulation of the principles of "involvement" of close persons in public service relations and to formulate proposals for the formation of uniform standards for the regulation of such relations. The research methodology of this article is a combination of general scientific and specific methods of scientific knowledge. The dialectical method was chosen as the basic method, and the methods of semantic analysis, logical-legal and comparative-legal, forecasting, modeling were additionally used. Justifying the different degree of "attachment" of close persons to the professional activity of a public servant to find out the possible prerequisites and manifestations of the use of the latter benefits and advantages of the public service to satisfy private interests, it is proposed to regulate the relations of lifestyle monitoring, full verification of the finance declaration with taking into his or her family, and "gift" relationships of relatives, normalizing patterns of their possible behavior.  


2020 ◽  
Vol 27 (3) ◽  
pp. 263-279
Author(s):  
Ellysson Fernandes Rosa ◽  
Estela Najberg ◽  
Marcos de Moraes Sousa

PurposeThe need to improve the efficiency and quality of public services has increased the interest in innovation. This study seeks to understand the relationship between the Public Service Motivation (PSM) index and the profile of strategic-level public servants who are considered innovative.Design/methodolog/approachQuestionnaires were applied to the group of government managers who registered their projects in an innovation competition. Data were analyzed using t-test, multiple correspondence analysis (MCA) and hierarchical cluster analysis (HCA).FindingsThis paper concluded that the PSM level of these innovative public servants is significantly greater than public servants overall. In terms of the profile of these innovative government managers, it was found that the majority were female, with a high level of education and a background in Information Technology.Practical implicationsThe discovery that innovative government managers have a significantly higher PSM (p < 0.05) than public servants overall may be relevant, because it confirms a statistical tendency that it would be advantageous for policy-makers to invest in actions that increase public servant PSM since these servants with high PSM are more innovative.Originality/valueThis article has sought to fill a gap in studies that associate the level of PSM with the innovation practices in the public sector, as well as verify the profile of public servants with high levels of motivation in public service (PSM).


Author(s):  
I. Adamska

Problem setting. The civil servant is one of the main objects of public service reform and, at the same time, its subject. This is due to the fact that civil servants, as representatives of the senior public service, are the main actors in the formation of reform policy in the field of public service, as well as, subject to regulatory legislation, catalysts for its implementation. At the same time, transformational changes affect the legal status of public servants, which in turn affects the formation of their rights and responsibilities. Recent research and publications analysis. It was found that the issue of the rights of public servants is insufficiently covered in recent research, which has led to the relevance of the selected issues. Highlighting previously unsettled parts of the general problem is to reveal the essence and content of the rights of public servants as a fundamental component of their legal status. Paper main body. Research has shown that the legal status of a public servant should be understood as a system of rights granted to him, as well as a set of responsibilities imposed on him, including certain incentives, prohibitions and restrictions, as well as measures of legal liability for non-compliance or improper level of performance of professional duties assigned to him in accordance with the job description. The essence of the concept of “rights of a public servant” should be understood as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity. Conclusions of the research and prospects for further studies. It is concluded that the rights of a public servant can be disclosed as a set of certain material, economic and social benefits that are guaranteed to the official and ensure the realization of his natural rights in the course of professional activity. There are three levels (aspects) of the rights of civil servants, namely: private law; Labor Law; public law. Thus, private law ensures the freedom and autonomy of the individual, the independence and autonomy of the individual. Labor relations arising in the activities of public servants are an element of the general system of labor law. At the same time, public servants perform their job functions personally and must obey the rules of official discipline, which are established at both the local and state levels. In the course of using the labor of public servants, labor relations arise, which, however, are characterized by the peculiarity of official functions and the level of responsibility for decision-making of state importance. Prospects for further research are the analysis of the state of protection of the rights of civil servants in modern Ukraine, the study of improving the organizational protection of the rights of civil servants and compliance with the rights of civil servants as an optimization tool for building an effective state in Ukraine.


2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Aduwina Pakeh

This paper aims to explain the alternative strategies that can be done by the Village Head (Keuchik) as public servants, especially those related to the service of population administration. Public services should continue to be improved and involve recipients of services. The problem is in the service process, in addition to the quality is still low, the public as recipients of services rarely included. The methods used in this study are qualitative and secondary data. It is found that there are at least two strategies that can be done in order to improve the service and public participation, such as the Citizen Charter and the application of information and communication technology. Based on these findings, Keuchik as public servant is expected to implement both strategies in providing and improving public services. Keywords: village, strategy, village head, public service, participation


Author(s):  
Mikhail Vasylevich Slonovsky

The article analyzed the main approaches to the concept of “professional-qualification requirements for a public servant” by systematized approaches to professional qualification requirements. The proposed systematization of the specified requirements, in particular, the following blocks are allocated: requirements to the person; communication qualities; professional qualities; social qualities; ethical qualities. The analysis of literature on the issues gave grounds to determine that the professional qualification requirements of a public servant are a set of qualities, knowledge, skills, skills directly related to the process of performing a public service (performed in the performance of their official duties) and affect the effectiveness and performance of activity. The normative-legal documents on the issues of formation of professional qualification requirements for public servants are analyzed. It is emphasized that there are only typical requirements for civil servants of the categories “A”, “Б”, “B” and there are no such requirements for officials of local self-government. It is grounded that the main qualities for the category “B”, that is, the performers, are the understanding of the mission of the state body, where it operates, the ability to perform qualitatively the tasks assigned to it by the direct leader, to understand the importance of this work, the focus on the result, the ability to work with people, understanding the needs of the population in services, the ability to find contact with the population, etc. It is determined that one of the basic factors of development of personnel of the public administration system is the definition and strict regulation of the professional qualification requirements of specialists. Since such requirements outline the mechanisms of personnel development, focus on the formation of professionally significant qualities for a public servant, they provide an opportunity to see the “way” of forming a qualitative staff of public administration. It is noted that there are such approaches to distinguishing requirements for public administration personnel: firstly, a competent approach — when a set of competencies is determined, which should be characteristic of the employee in a certain position. Secondly, the set of qualities of the employee (listed qualities of the employee, which should be inherent in a specialist). Thirdly, the list of specialist’s powers in the system of public administration.


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